IN THE CASE OF:	  

		BOARD DATE:	  30 July 2009

		DOCKET NUMBER:  AR20090002532 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Action Badge.

2.  The applicant states the awards process for his Combat Action Badge was not completed prior to his departure from Afghanistan.

3.  The applicant provides, in support of his application, copies of his orders for deployment; his travel orders through 15 countries; a memorandum for the record, dated 11 October 2006; a DA Form 4187 (Personnel Action); two DA Forms 2823 (Sworn Statements); his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 20 March 2007; and a 
VA Form 21-4138 (Statement in Support of Claim).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

The applicant's counsel provided no additional statement or evidence in support of this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show he enlisted in the U.S. Army Reserve (USAR) on 22 August 1991.  He served until 29 August 1997 and then again enlisted in the USAR on 26 July 1999.  He has continued to serve in the USAR.  He served in military occupational specialty (MOS) 25M (Multimedia Illustrator).  He also performed duties as a 37F (Psychological Operations Specialist).
2.  On 2 April 2006, the applicant was mobilized with the 315th Psychological Operations Company for deployment in support of Operation Enduring Freedom.  He served in Afghanistan during the period from 8 April 2006 to 19 February 2007.   

3.  A Memorandum for the Record, dated 11 October 2006, from 1st Battalion, 3rd Special Forces Group (Airborne), A-Camp Cobra, Afghanistan lists the applicant as eligible for the award of the Combat Action Badge.  According to the memorandum the listed individuals, including the applicant, were present and actively engaged and were engaged by the enemy, and performed satisfactorily in accordance with the prescribed rules of engagement in the village of Yakda, Afghanistan, on 7 October 2006.  The memorandum states the applicant was assigned or attached to a Special Forces Operational Detachment Alpha during the period of active ground combat.  The memorandum is signed by the detachment commander.

4.  An undated DA Form 4187 shows the applicant was recommended for award of the Combat Action Badge.  However, the form contains no signatures and it appears it was never processed.

5.  Two DA Forms 2823 provide sworn statements from a sergeant and a specialist.  Both Soldiers state the applicant was a driver for a 3-day combat reconnaissance patrol in the vicinity of Rigak and Yakdhan Village, Uruzgan Province, Afghanistan when they were engaged by enemy fighters.   The Soldiers stated the applicant was present and actively engaging and or was being engaged by the enemy, having fired 447 rounds of M-4 ammunition, and he performed satisfactorily in accordance with the prescribed rules of engagement.

6.  On 20 March 2007, the applicant was released from active duty.  He had completed 1 year and 29 days of active service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he was awarded the Combat Action Badge.  Item 13 does show the applicant is authorized the Afghanistan Campaign Medal.

7.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.

8.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom.  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of Operation Enduring Freedom.  A bronze service star is authorized for the following campaigns:  Consolidation I (1 December 2001 – 30 September 2006); and Consolidation II     (1 October 2006 – date to be determined).

DISCUSSION AND CONCLUSIONS:

1.  The memorandum signed by Special Forces Operational Detachment Alpha's commander and the two sworn statements are sufficient evidence to show the applicant was personally present and actively engaging or being engaged by the enemy, and he performed satisfactorily in accordance with the prescribed rules of engagement in Afghanistan on 7 October 2006.  Therefore, there is sufficient evidence in this case to award the applicant the Combat Action Badge.

2.  The applicant served in Afghanistan from 8 April 2006 to 19 February 2007.  Therefore, he is authorized two bronze service stars to be worn on his Afghanistan Campaign Medal.

BOARD VOTE:

____X___  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Combat Action Badge.

2.  The Board also recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of the applicant's 
DD Form 214 with a separation date of 20 March 2007 to show he was awarded the Combat Action Badge and is authorized the Afghanistan Campaign Medal with two bronze service stars.



      _______ _   _X______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090002532



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ABCMR Record of Proceedings (cont)                                         AR20090002532



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